Residents of Kisii County have been urged to embrace the Alternative Justice System (AJS) to resolve disputes faster and ease the backlog of cases clogging the courts.
Speaking at a two-day workshop in Kisii town, Court of Appeal Judge Justice Joel Ngugi stressed the need for AJS, particularly in handling the rising number of land-related conflicts in the region.
“Most of the cases we see in court can be resolved through Alternative Dispute Resolution (ADR) and AJS mechanisms,” he said. “If more people turn to these methods, it will significantly reduce the burden on the Judiciary and provide quicker justice.”
Justice Ngugi, who chairs the National Steering Committee on the Implementation of the AJS Policy, pointed to the Kenyan Constitution, specifically Article 159(2)(c), which recognizes Traditional Dispute Resolution (TDR) mechanisms.
“We have a constitutional duty to promote alternative justice systems. These methods are not only faster but also help restore relationships, something that court battles rarely achieve,” he added.
Echoing his sentiments, Kisii County Executive Committee Member for Lands and Physical Planning, Grace Nyarango, painted a grim picture of land disputes in the county.
“We are dealing with conflicts over inheritance, boundary disputes, and even fraudulent land transactions,” she said. “The County Integrated Development Plan (2023-2027) highlights key challenges such as lack of title deeds, public land grabbing, population pressure, and increasing land fragmentation. These issues make peaceful coexistence difficult.”
Food and Agricultural Organisation Land Technical Specialist Sebastian Menza underscored the need for cooperation between the Judiciary, the Department of Lands, and the Gusii Council of Elders.
“By working together, we can provide seamless access to justice. This is not just about settling disputes. It’s about ensuring that land is properly utilized for agriculture and other essential purposes,” he noted.
It was noted that Kisii County has long grappled with land conflicts, some of which have turned violent. With shrinking ancestral land and growing competition for space, tensions continue to mount. The Judiciary, already stretched thin by budgetary and personnel constraints, is struggling to clear the backlog of land-related cases.
The workshop brought together members of the Gusii Council of Elders, community leaders, officers from the county’s Department of Lands and Physical Planning, and representatives from the Judiciary.
Funded by the EU-FAO Digital Land Governance Programme in partnership with the Judiciary and the County Department of Lands, the training aimed to equip stakeholders with the knowledge and tools to make AJS more effective.
With its successful implementation, Justice Ngugi believes residents will benefit from a justice system that is more accessible, affordable, and culturally relevant.
“We are giving people a chance to solve disputes amicably without spending years in court,” he said. “It’s time to embrace alternative justice for the sake of peace and development in our communities.”
By Misheba Alfred
